New Travel Ban
What you need to know
President Trump has extended the travel ban to Nigerians seeking to immigrate to the United States. This is surprising considering that Nigerians are among the most educated compared not only to Americans but also among other immigrant groups. Nigeria was added to the list due to “not adequately shar[ing] public-safety and terrorism-related information” despite the fact there have been no actual terrorist attacks by any Nigerians in the United States.
What is this all about?
The first travel ban was a presidential proclamation that applied to Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen and has been refined through further proclamations and litigation that ultimately wound up at the Supreme Court. Nigeria was added on January 31, 2020, along with restrictions on citizens of Myanmar, Eritrea, Kyrgyzstan, Tanzania, and Sudan.
How are Nigerian citizens affected?
Effective February 21, 2020, Nigerians will not be allowed to apply for immigrant visas only. This includes family-based visas and employment-based visas such as EB-1, EB-2, and EB-3. Travel will not be restricted for permanent residents, dual nationals of a non-restricted county, those that already have a valid visa, or those seeking to apply for a nonimmigrant visa such as F-1, B-1/B-2, or H-1B.
How long will it last?
The ban is indefinite, but it is likely to be removed eventually. Chad faced a similar situation and was ultimately removed after complying with requests from the U.S. government. Nigeria has the largest economy and population in Africa, and cooperates with the U.S. on security matters, so it is hard to imagine classifying it for very long with countries such as Venezuela, North Korea, and Syria, which are also on the ban list. President Buhari has already taken action to ensure Nigeria is removed soon.
What happens to Nigerians with a pending visa petition at USCIS?
Right now it is difficult to say as there is no clear guidance. Three years ago, in response to the first travel ban, USCIS announced that it would continue to adjudicate petitions that do not confer travel authorization regardless of nationality. This includes Forms I-140 and I-130, common employment-based and family-based immigration petitions. If USCIS approves a petition and a visa is available, it will not be issued until the ban is lifted. Since some visa petitions take a year or longer for USCIS to adjudicate, and another year for the priority date to become current, it is still possible to file new petitions with USCIS in the hope that the ban is lifted before applying for the actual visa.
Are waivers available?
Yes, but they are discretionary. An individual must prove that he or she would suffer undue hardship if denied entry, and that the entry would not pose a threat to U.S. national security or public safety and would be in U.S. national interest.
Are there any exceptions?
Special immigrants (those that have advanced the interests of the U.S., such as working at an American embassy for a prolonged period or assisting the American military), are excepted from the ban and may apply for a visa. Additionally, refugees and those that have been granted asylum or withholding of removal are not affected.
Will any visas be revoked?
No. Those with a valid visa prior to February 21, 2020 will still be able to enter the United States.
Can Nigerians in the U.S. adjust status to permanent resident?
Seemingly yes. USCIS stated that it will continue to process applications to adjust status to permanent resident. However, immigrants should be cautioned of two things: departing the U.S. with an approved I-140 or I-130 and attempting re-entry, or attempting entry in a strictly nonimmigrant status and then filing Form I-485. Both may have serious negative consequences.
Is more information available?
The Department of State has also published a FAQ page after the Supreme Court ruling in June 2018 that is available here.
If you believe you might be affected by this new travel ban please contact us today.